Consumer Protection Act: Consumer complaint cannot be transferred from  District Consumer Disputes Redressal Commission to High Court: SC

Consumer Protection Act): Consumer complaint cannot be transferred from  District Consumer Disputes Redressal Commission to High Court: SC

The Supreme Court ruled that consumer complaints cannot be transferred from the District Consumer Disputes Redressal Commission to the High Court.

Background 

The bunch of Transfer Petitions has been filed for transfer of the consumer complaints to the High Court of Bombay at Mumbai which are; Ravinder Nath Kansal Vs. Yes Bank Ltd. & Ors., pending before Consumer Forum, Faridabad;  Mohan Lal Nigam Vs. Yes Bank Ltd. & Ors., pending before Kanpur Nagar District Forum; R. K. Parashar Vs. Yes Bank Ltd., pending before the District Consumer Disputes Redressal Commission, Janak Puri, New Delhi; Smt. Khushbu Vs. Branch Manager, Yes Bank & Anr., pending before the District Consumer Disputes Redressal Commission, Roshanabad District, Haridwar, Uttarakhand.

Decision 

The division bench of Justice  Hemant Gupta and Justice  V. Ramasubramanian found that the consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. 

Consequently, the court declined the request for transfer of the consumer complaints and dismissed the Transfer Petitions and the Interlocutory Applications.

The Petitioner has also sought transfer of the writ petitions pending before the High Courts of Allahabad, Delhi and Madras. The court requested the said High Courts to await the Judgment of the Bombay High Court, who has fixed 10th February 2022 for the final hearing. 

The court said that the High Courts may adjourn the matters pending before it to await order of the Bombay High Court and then to proceed on merits of the writ petitions in accordance with law. 

The counsel for the parties has assured the court that they will cooperate with the Bombay High Court for early and expeditious disposal of the writ petitions pending before it.

Case title: Yes Bank Limited v/s 63 Moons Technologies Ltd. & Ors.

Citation: TRANSFER PETITION (CIVIL) NO(S). 967-971/2020

Click here to read the Order/Judgment

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